Thread: car finance

here we go, in october 2006 i wanted a newer car and went looking around and found an 03 vectra for 5495, tried to get the finance but couldn't the salesman put a few ideas forward and i asked my dad if he could help and he said yes, so we went along to lion motor group and filled the necessary paperwork out and got finance from santander, the figures looked good at the dealers they had the total payable with finance to a shade over 7000, anyway got the car and waited for the paperwork to come from santander, 2 months went by and 2 payments gone and the total i was to pay back had gone up to nearly 10500, anyway still kept the car and paying on time, then all of a sudden my bank started returning the direct debits to santander, even though the money was present in the account ( i have the bank statements to prove this) i phoned the bank and explained the situation they said they'd look into it, while i was on the phone i asked what the latest time money had to be present in my account as i was going self employed and sometimes i don't collect enough money until the night before payment due, they replied that they don't return the DD until 3pm on the day due so as long as i've credited my account by dinner i should have no problems, anyway phoned santander as my father as he was away and explained what had happened, they were helpful and sorted it out.
4 months down the line it happened again while i was away for 3 weeks, which meant i was a payment behind, 2 months later it happened again.
i tried phoning my dad as i couldn't find the paperwork to sort it, but he wouldn't return my calls or answer the phone, anyway phoned santander and offered to send the missed payments and they refused to speak to me as the account was in my fathers name. it has now been defaulted but dad won't discuss this just gives me abuse and sends my step mum to see me all the time, he has had the bailiffs threatening to take his cars to cover the debt, i offered him the car back so it can be sold at auction, but he said the bailiff has no interest in the car as the agreement was a personal loan to pay for goods, i have since spoke to the bailiff and he said at the minute i am in serious trouble as my father has stated that he never signed anything or knew anything about it, i spoke to a solicitor and he said not to worry so much as the dealership will be able to prove he is lying and that he is digging a deep whole for himself, i have sent cheques letters to santander and all they did was send the cheques back after 13 weeks, saying it had been passed on.
if the car went to auction it would cost more to do it than the car would fetch, as the gearbox has now packed up. so can i either scrap the car for money as i have been offered £1000 for it and give that my dad and pay the remaining balance on a monthly basis or sell the car privately which would get about 1500, the agreement is in my dad's name but the bill of sale and registration docs all in mine, where do i stand legally the bailiff says he has no interest in me or the car!! please help, although my relationship with my dad has broken down i still want to do the right thing.

oops! first thing was it a persnal loan, unusaul if done at a dealers or an HP agreement?
If HP and the documents signed on the dealers premises are they licensed! check with local council?
Were not given a copy of the agreement at the time, which you should have been to copmare with the one sent through the post, and were they all signed, by your dad and the loan company.
The car and /or property can only be seized on a court order unless the car is on HP and you have paid less than a third then they can just take it!
More info. please.

you mention bill of sale
is this correct, these are registered in the high court

i'm sure it was something like that, basically all that was filled out in relation to the car purchase was i my name, from dealer, but the paperwork for the agreement was in my dad's. i'll find the paperwork and post the wording up as i haven't got a scanner